USA > New York > New York City > History of New Netherland; or, New York under the Dutch, Vol. I > Part 38
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XII. That the Chamber of Amsterdam shall consist of twenty managers ; the Chamber of Zealand of twelve ; the Chamber of Maeze and of the North part, each of fourteen ; and the Chamber of Friesland, with the city and country, also of fourteen managers. If it shall hereafter appear that this work cannot be carried on without a greater number of persons; in that case, more may be added, with the knowledge of the Nineteen, and our approbation, but not otherwise.
XIII. And the States of the United Provinces are authorized to lay before their High Mightinesses' ordinary deputies, or before the magistrates of the cities of these
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Provinces, any order for registering the members, tegether with the election of man- agers, if they find they can de it according to the constitution of their Provinces. Mereover, that no person in the Chamber of Amsterdam shall be chosen a manager whe has not of his own in the funds ef the company, the sum of six theusand guilders ; and the chamber of Zealand four thousand guilders ; and the chamber of Maeze, of the north part, and of Friesland, with the city and country, the like sum of feur thousand guilders.
XIV. That the first managers shall serve for the term of six years, and then ene- third part of the number of managers shall be changed by lot ; and two years after a like third part ; and the two next following years, the last third part ; and so en succes- sively, the oldest in the service shall be dismissed : and in the place of those who ge off, or of any that shall die, or for any ether reason be dismissed, three others shall be nemi- nated by the managers, both remaining and going off, together with the principal ad- venturers in person, and at their cest, from which the aforesaid provinces, the deputies, or the magistrates, shall make a new election of a manager, and successively supply the vacant places ; and it shall be held before the principal adventurers, who have ae great a concern as the respective managers.
XV. That the accounts ef the furniture and outfit of the vessels, with their depen- dencies, shall be made np three months after the departure of the vessels, and one month after, copies shall be sent to Us, and to the respective chambers: and the state of the returns, and their sales, shall the chambers (as often as We see good, or they are required thereto by the chambers) send to Us and to one another.
XVI. That every six years they shall make a general account of all outfits and returns, together with all the gains and losses of the company ; to wit, one of their business, and ene of the war, each separate: which accounts shall be made public by an advertisement, to the end that every one who is interested may, upon hearing of it, attend ; and if by the expiration of the seventh year, the accounts are not made out in manner aforesaid, the managers shall forfeit their commissions, which shall be ap- propriated to the use of the poor, and they themselves be held to render their account as before, till such time and under such penalty as shall be fixed by us respecting of- fenders. And notwithstanding, there shall be a dividend made of the profits of the business, so leng as We find that ten per cent. shall have been gained.
XVII. No ene shall, during the coutionance of this charter, withdraw his capital er sum advanced from this company ; nor shall any new members be admitted. If at the expiration of four and twenty years it shall be found good to continue this company, or te erect a new one, a final account and estimate shall be made by the Nineteen, with Our knowledge, of all that belongs to the company, and also of all their expen- ses, and any one after the aforesaid settlement and estimate may withdraw his money er continue it in the new company in whole or in part, in the same proportion as in this; and the new company shall in such case take the remainder, and pay the mem- bers which do not think fit to continue in the company their share, at euch times as the Nineteen, with Our knowledge and apprebatien, shall think proper.
XVIII. That se often as it shall be necessary to have a general meeting of the aferesaid chambers, it shall be by Nineteen persens, of whom eight shall come from the chamber of Amsterdam ; from Zealand, four ; from the Maeze, twe ; from Nerth Helland, two; from Friesland and the city and country, two ; provided, that the nine- teen persens, or so many more as We shall at any time think fit, shall be deputed by Us for the purpose of helping to direct the aforesaid meeting of the company.
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XIX. By which general meeting of the aforesaid chambers, all the business of this company which shall come before them shall be managed and finally settled ; pro- vided, that in case of reselving upon a war, Our approbation shall be asked.
XX. The aforesaid general meeting being summoned, it shall meet to resolve when they shall fit out, and how many vessels they will send to each place, the company in general observing that no particular chamber shall undertake any thing in opposition to the foregoing resolution, but shall be held to carry the same effectually into execu- tion. And if any chamber shall be found not following the common resolution, or contravening it, We have authorized, and by these presents de authorize, the said meeting immediately to cause reparation to be made of every defect or contravention ; wherein We, being desired, will assist them.
XXI. The said general meeting shall be held the first six years in the city of Am- sterdam, and two years thereafter in Zealand ; and so on from time to time in the aferesaid two places.
XXII. The managers to whom the affairs of the company shall be committed, whe shall go from home to attend the aforesaid meeting er otherwise, shall have for their expenses and wages, four guilders a day, besides boat and carriage hire : Provided, that those who go from one city to another, te the chambers, as managers and governors, shall receive no wages or travelling charges, at the cost of the company.
XXIII. And if it should happen that in the aforesaid general meeting, any weighty matter should come before them, wherein they cannet agree, or in case the votes are equally divided, the same shall be left to Our decision ; and whatever shall be deter- mined upon shall be carried into execution.
XXIV. And all the inhabitants of these countries, and also of other countries, shall be notified by public advertisements, within one month after the date hereof, that they may be admitted inte this company, during five months from the first of July, this year, sixteen hundred and twenty-one, and that they must pay the money they put into the stock in three payments ; to wit, one-third part at the expiration of the aforesaid five months, and the other two-thirds within three next succeeding years. In case the aforesaid general meeting shall find it necessary to prelong the time, the members shall be notified by an advertisement.
XXV. The ships returning from a voyage shall come to the place they sailed from ; and if, by stress of weather, the vessels which sailed out from one part shall arrive in another,-as those from Amsterdam or North Holland, in Zealand or in the Maeze, or from Zealand in Holland-or those from Friesland, with the city and country, in another part,-each chamber shall nevertheless have the direction and management of the vessels and goods it sent out, and shall send and transport the goods to the places from whence the vessels sailed, either in the same or other vessels: Provided that the managers of that chamber shall be held in person to find the place where the vessels and goods are arrived, and not appoint factors to do this business ; but in case they shall not be in a situation for travelling, they shall commit this business to the chamber of the place where the vessels arrived.
XXVI. If any chamber has got any goods or returns from the places included within the limits of this charter, with which another is not provided, it shall be held to send such goods te the chamber which is unprovided, on its request, according to the situation of the case; and if they have sold them, to send to another chamber fer more. And in like manner, if the managers of the respective chambers have need of any persons for fitting out the vessels, er otherwise, from the cities where there are
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chambers or managers, they shall require and employ the managers of this company, without making use of a factor.
XXVII. And if any of the provinces think fit to appoint an agent to collect the money from the inhabitants, and to make a fund in any chamber, and for paying dividends, the chamber shall be obliged to give such agent access, that he may obtain information of the state of the disbursements and receipts, and of the debts ; pro- vided that the money brought in by such agents amount to fifty thousand guilders or upwards.
XXVIII. The managers shall have for commissions one per cent. on the outfits and returns, besides the prizes, and a half per cent. on gold and silver ; which com- mission shall be divided-to the chamber of Amsterdam, four-ninth parts ; the chamber of Zealand, two-ninth parts; the Maeze, one-ninth part ; North Holland, one-ninth part ; and Friesland, with the city and country, a like ninth part.
XXIX. Provided that they shall not receive commissions on the ordnance and the ships more than once. They shall, moreover, have no commission on the ships, ord- nance, and other things with which We shall strengthen the company, nor on the money which they shall collect for the company, nor on the profits they receive from the goods, nor shall they charge the company with any expenses of travelling, or provisions for those to whom they shall commit the providing a cargo and purchasing goods necessary for it.
XXX. The book-keepers and cashiers shall have a salary paid them out of their commissions.
XXXI. The managers shall not deliver or sell to the company, in whole or in part, any of their own ships, merchandise, or goods ; nor buy, or cause to he bought of the said company, directly or indirectly, any goods or merchandise, nor have any portion or part therein, on forfeiture of one year's commissions for the use of the poor, and the loss of office.
XXXII. The managers shall give notice by advertisement, as often as they have a fresh importation of goods and merchandise, to the end that every one may have seasonable knowledge of it before they proceed to a final sale.
XXXIII. And if it happens that in either chamber any of the managers shall get into such a situation, that he cannot make good what was intrusted to him during his administration, and in consequence thereof any loss shall happen, such chamber shall be liable for the damage, and shall also be specially bound for their administra- tion, which shall also be the case with all the members who, on account of goods pur- chased, or otherwise, shall become debtors to the company, and so shall be reckoned all cases relating to their stock and what may he due to the company.
XXXIV. The managers of the respective chambers shall be responsible for their respective cashiers and book-keepers.
XXXV. That all the goods of this company which shall be sold by weight, shall be sold by one weight, to wit, that of Amsterdam ; and that all such goods shall be put on board ship, or in store, without paying any excise, impost, or weigh-money : Provided that they, being sold, shall not be delivered in any other way than by weight ; and provided that the impost and weigh-money shall be paid as often as they are alienated, in the same manner as other goods subject to weigh-money.
XXXVI. That the persons or goods of the managers shall not be arrested, at- tached, or incumbered, in order to obtain from them an account of the administration of the company, nor for the payment of the wages of those who are in the service
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of the company ; but these whe shall pretend to take the same upon them, shall be bound to refer the matter to their ordinary judges.
XXXVII. Se when any ship shall return from a voyage, the generals er com- manders of the fleets shall be obliged to come and report te Us the success of the voyage of such ship or ships, within ten days after their arrival, and shall deliver and leave with Us a report in writing, if the case requires it.
XXXVIII. And if it bappens (which We by no means expect) that any person will in any manner hurt or hinder the navigation, business, trade, or traffic of this cem- pany, contrary to the common right and the contents of the aforesaid treaties, leagues, and covenants, they shall defend it against them, and regulate it by the instructions We have given concerning it.
XXXIX. We have, moreover, promised, and do promise, that We will defend this company against every person in free navigation and traffic, and assist them with a million of guilders, to be paid in five years, whereof the first two hundred thousand guilders shall be paid them when the first payment shall be made by the members : Provided that we, with half the aforesaid million of guilders, shall receive and bear profit and risk in the same manner as the other members of this company.
XL. And if by a violent and continued interruption of the aforesaid navigation and traffic, the business within the limits of their company sball be brought to an open war, We will, if the situation of this country will in any wise admit of it, give them for their assistance sixteen ships of war, the least one hundred and fifty lasts burden,- with four good, well-sailing yachts, the least forty lasts burden,-which shall he proper- ly mounted and provided in all respects, both with brass and other cannon, and a proper quantity of ammunition, together with double suits of running and standing rigging, sails, cables, anchers, and other things thereto belonging, such as are proper to be provided and used in all great expeditions ; upon condition that they shall be manned, victualled, and supported at the expense of the company, and that the com- pany shall be obliged to add thereto sixteen like ships of war, and four yachts, mounted and provided as above, to be used in like manner for the defence of trade and all ex- ploits of war : Provided that all the ships of war and merchantmen (that shall be with those provided and manned as aforesaid) shall be under an admiral appointed by Us, according to the previous advice of the aforesaid general company, and shall obey Our commands, together with the resolutions of the company, if it shall be necessary, in the same manner as in time of war ; so, notwithstanding, that the merchantmen shall not unnecessarily hazard their lading.
XLI. And if it should happen that this country should be remarkably eased of its burdens, and that this company should be laid under the grievous burden of a war, We have further promised, and do promise, to increase the aforesaid subsidy in such a manner as the situation of these countries will admit, and the affairs of the country will require.
XLII. We have mereover ordained that, in case of a war, all the prizes which shall be taken from enemies and pirates within the aforesaid limits, by the company or their assistants ; also, the goods which shall be seized by virtue of Our proclamation,- after deducting all expenses and the damage which the company shall suffer in taking each prize, together with the just part of his excellency the admiral, agreeable to our resolution of the first of April, sixteen hundred and two-and the tenth part for the officers, sailors, and soldiers, whe have taken the prize,-shall await the disposal of the managers of the aforesaid company : Provided that the account of them shall be
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kept separate and apart from the account of trade and commerce; and that the not proceeds of the said prizes shall be employed in fitting out ships, paying the troops, fortifications, garrisons, and like matters of war and defence, by sea and land ; but there shall be no distribution unless the said net proceeds shall amount to so much, that a notable share may be distributed without weakening the said defence, and after paying the expenses of the war, which shall be done separate and apart from the distribution on account of trade : and the distribution shall be made, one-tenth part for the use of the United Netherlands, and the remainder for the members of this company, in exact proportion to the capital they have advanced.
XLIII. Provided, nevertheless, that all the prizes and goods taken by virtue of Our proclamation shall be brought in, and the right laid before the judicature of the coun- sellors of the admiralty for the part to which they are brought, that they may take cognizance of them, and determine the legality or illegality of the said prizes: the process of the administration of the goods brought in by the company remaining, nevertheless, pending, and that under a proper inventory ; and saving a revision of what may be done by the sentence of the admiralty, agreeable to the instruction given the admiralty in that behalf: Provided that the vendue-masters and other offi- cers of the admiralty shall not have or pretend to any right to the prizes taken by this company, and shall not be employed respecting them.
XLIV. The managers of this company shall solemnly promise and swear, that they will act well and faithfully in their administration, and make good and just accounts of their trade : That they in all things will consult the greatest profit of the company, and, as much as possible, prevent their meeting with losses : That they will not give the principal members any greater advantage in the payments or distribution of money than the least : That they, in getting in and receiving out- standing debts, will not favor one more than another: That they, for their own account, will take, and during the continuance of their administration will continue to take, such sum of money as by their charter is allotted to them ; and moreover, that they will, as far as concerns them, to the utmost of their power, observe and keep, and cause to be observed and kept, all and every the particulars and articles hercin contained.
XLV. All which privileges, freedoms, and exemptions, together with the assistance hereia before mentioned, in all their particulars and articles, We have, with full knowledge of the business, given, granted, promised, and agreed to the aforesaid company ; giving, granting, agreeing, and promising, moreover, that they shall enjoy them peaceably and freely ; ordaining that the same shall be observed and kept by all the magistrates, officers, and subjects of the United Netherlands, without doing any thing contrary thereto, directly or indirectly, either within or ont of these Neth- erlands, on penalty of being punished both in life and goods as obstacles to the com- mon welfare of this country, and transgressors of Our ordinance ; promising, moreover, that We will maintain and establish the company ia the things contained in this char- ter, in all treaties of peace, alliances, and agreements with the neighboring princes, kingdoms, and countries, without doing any thing, or suffering any thing to be done which will weaken their establishment ; charging and expressly commanding all governors, justices, officers, magistrates, and inhabitants of the aforesaid United Neth- erlands, that they permit the aforesaid company and managers peaceably and freely to enjoy the full effect of this charter, agreement, and privilege, without any contra-
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diction or impeachment to the contrary. And that none may pretend ignorance hereof, We command that the contents of this charter shall be notified by publicatiou or an advertisement, where and in such manner as is proper ; for We have found it ne- cessary for the service of this country.
Given under Our great seal, and the signature and seal of Our recorder, at the Hague, on the third day of the month of June, in the year sixteen hundred and twenty-one.
Was countersigned,
J. MAGNUS, Sec.
Underneath was written,
The Ordinance of the High and Mighty Lords the States General. It was subscribed, C. AERSBEN, And had a seal pendent, of red wax, and a string of white silk.
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B.
An Agreement between the Managers and Principal Adventurers of the West India Company, made with the approbation of the High and Mighty Lords the States General.
THE States General of the United Netherlands, to all to whom these presents shall be shown, greeting : Know ye, that whereas it has been made to appear to us by cer- tain deputies of the Incorporated West India Company, of the chamber of Amster- dam, that they have been engaged in several ways, as well in the meeting of mana- gers, as also frequently with their committees, to the end that, in time, good order aud government may be made and established among them, to the satisfaction of the good members ; that they may the hetter and with more profit speedily apply them- selves to this work, and get subsequent matters into a proper channel ; beseeching our approbation, that they, by the form of an amplification of their charter, or other- wise hy framing an order of the aforesaid particular chamber of Amsterdam, or in such manner as we in council shall think proper, and have presented several things to us for that purpose, and that we, as before, should resolve thereupon : we have thought fit to send a copy thereof to the respective chambers of the West India Com- pany, that they should maturely examine it, confer with the Principal Adventurers and Deputies, and to send some deputies of the principal adventurers to us, fully em- powered and authorized for this purpose, and whatever else may serve to promote so necessary a business, to meet in mutual conference, and so to agree practicably and finally, with our approbation. And that a suitable number of deputies of the respec- tive chamhers, the directors, and principal adventurers may meet for that purpose, and superintend the following,-the induction and debates of our committees in their different conferences, communications, and deliberations ; and finally, that the mana- gers, directors, and principal adventurers, without prejudice to the provinces and respective cities, for promoting the West India business, have mutually agreed upon the following articles :
I. That no alteration, extension, or interpretation of the charter or its dependen- cies, shall be desired by the managers nor principal adventurers, or auy others, except by a previous meeting and communication, and the approbation of a majority of the managers and principal adventurers who shall be present in that meeting.
II. That in all meetings in which the managers and principal adventurers shall be engaged in business together, or the principal adventurers alone and without the man- agers, all nominations, deputations, and elections shall be made with one name at once, by putting tickets into the hands of the president, or in some other secret manner.
III. That the company shall take up no money on interest or deposite, but with the advice and consent of the major part of the managers and principal adventurers : nevertheless, the respective chambers may, in case of necessity, for one voyage only, each take up the twentieth part of the capital of their chamber, and the said chamher shall not take up any more hefore that is paid off.
IV. That all accounts, mentioned in the 15th article, shall be drawn out in the
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style of business, by the committee to be nominated by the principal adventurers, and admitted under oath in the time mentioned in the said 15th article, which committee shall report thereon only in gross to the other principal adventurers. And the said com- mittee shall be bound by an oath not to divulge, hut to keep every thing secret which the managers must keep secret. They shall, moreover, he under the prohibition made by the 31st article of the charter for the managers, respecting buying and selling dur- ing the time of two years.
V. That the said committee shall have, and exercise, for the principal adventurers, the right given and granted by article 27 to the agents: And, moreover, to examine the books, invoices, and other documents, at their pleasure, and inspect merchandise and letters concerning business.
VI. That the first two vacant places of the managers at Amsterdam, the two first of Zealand, and the first in the chamber of the Maeze, shall successively be supplied and filled up by the principal adventurers of the respective chambers absolutely by plurality of voices, the elected being bound by the same oath with the other managers, and having administration as the other directors, and shall be obliged to communicate to the principal adventurers what concerns them, to preserve their right in the said meetings of the managers, according to the situation of affairs, to call them together, and shall he specially bound to and revokable by the aforesaid principal adventurers, the rest of the directors remaining successively eligible hy the respective chambers ac- cording to the charter, or so as is already ordained, or shall be hereafter ordained in their respective provinces : And that hy provision, two of the principal adventurers of each chamber of Amsterdam and Zealand respectively, and ono of the chamber of the Maeze, shall be a committee, besides that mentioned in the foregoing article, to take care of their aforesaid right in the mean time, until one or two places shall be vacant.
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